How Do North Carolina Courts Decide Alimony and Post-Separation Support?

From the team at Huggins Law Firm, P.C., we want to start by talking about the biggest fear in any divorce.

That fear is about your future. It’s the question that keeps you up at night: “Will I be okay financially?”

Whether you were the one who earned most of the money or the one who stayed home to build a life for your family, you are worried. “Will I have to pay my spouse for the rest of my life?” “How will I survive on my own after 20 years out of the workforce?”

As lawyers who have guided families in North Carolina for decades, we have heard these questions thousands of times. Our team is in the courthouses of Greensboro, Winston-Salem, and High Point every week, and we know that the “money talk” is the most stressful part of a separation.

You are probably searching for the “best alimony lawyer near me,” and you are just getting confusing legal-speak.

We want to change that.

Our job is to take the mystery out of this process. We want to give you clear, simple answers about how alimony really works in North Carolina. This is not a “magic” number. It is a legal process, and a good lawyer can guide you through it.

Key Takeaways from This Page

We know this is a lot. If you only read one section, make it this one:

• PSS vs. Alimony: North Carolina has two types of spousal support. Post-Separation Support (PSS) is temporary, “band-aid” money to get you through the lawsuit. Alimony is the long-term plan decided at the end of the case.
• Adultery is a HUGE Deal. This is the #1 rule in North Carolina. In most cases, if the spouse who needs money (the “dependent spouse”) cheated, they get zero alimony. If the spouse who makes the money (the “supporting spouse”) cheated, the judge must award alimony.
• There is NO “Calculator” for Alimony. This is not like Child Support. There is no worksheet. A judge decides the amount and length based on many “factors.” This is why a lawyer is so important.
• The Tax Law Changed EVERYTHING. As of 2019, alimony is NOT tax-deductible for the payer and NOT taxable income for the receiver. This is a massive change from the old days and must be part of your negotiation.
• WARNING: File Your Claim Before You Divorce! This is the biggest trap in NC law. Just like with property division, if you get your final Absolute Divorce before you file a claim for alimony, you can lose your right to ask for it forever.

What is Post-Separation Support (PSS)? (The “Temporary” Help)

First, let’s talk about the “fast” money. Post-Separation Support, or “PSS,” is temporary spousal support.

Think of it as a financial life raft. Its only job is to get you from the day you separate to the day you get a final Alimony order, which can take a year or more.

It is designed to help a “dependent spouse” pay the bills right now. It helps keep the lights on and food on the table while the lawyers work on the full case.

A judge can award PSS at a “temporary” hearing, which happens much faster than a full alimony trial.

To get PSS, our lawyers have to show a judge a few simple things:

1. You are the Dependent Spouse (meaning you truly rely on your spouse for your financial needs).
2. Your spouse is the Supporting Spouse (meaning they have the ability to pay).
3. You do not have enough money to meet your “reasonable needs” (your budget).
4. The amount your spouse makes is more than what they need for their own budget.

A judge will look at your income, your monthly bills, and your spouse’s income. They will not look at “marital misconduct” (like cheating) for this temporary order… unless the person asking for PSS is the one who cheated.

PSS is paid monthly, and it stops when the judge makes a final Alimony decision.

What is Alimony? (The “Long-Term” Plan)

This is the “main event.” Alimony is the long-term financial support paid by one spouse to the other after a divorce.

The goal of alimony is not to punish the supporting spouse or reward the dependent spouse. The goal is to be fair.

It is meant to help a spouse who has a lower income (or no income) get back on their feet. It is for the spouse who maybe gave up their career to raise the kids or who supported the other spouse while they went to medical school.

The single most important thing you need to know is this: There is NO “Alimony Calculator” in North Carolina.

Unlike child support, we cannot just plug numbers into a worksheet. The amount of alimony and how long it gets paid is 100% up to a judge’s “discretion.”

This means the judge has a ton of power. They must look at a long list of “factors” to decide what is fair. This is where an experienced lawyer who has argued in front of your local judges is so important.

The 16 Factors a Judge MUST Look At

When our team builds an alimony case, we are gathering evidence for every single one of these factors from the law (N.C. General Statute § 50-16.3A).

Here are the most important ones, in plain English:

1. Marital Misconduct (The Big One). We’ll cover this in its own section.
2. Incomes and Earning Potential. What does each person actually make? And what could they make?
3. Age and Health. A 60-year-old spouse in poor health has a much stronger claim than a 30-year-old spouse in good health.
4. Length of the Marriage. This is huge. A 3-year marriage will get very little (or no) alimony. A 25-year marriage has a very strong case for long-term support.
5. Standard of Living. What kind of life did you have during the marriage? The goal is to help the dependent spouse have a similar (though not exact) standard of living.
6. Education and Training. Did one spouse put the other through school? Did one spouse give up their education to raise the family? How long would it take the dependent spouse to go back to school to get a good job?
7. Contributions as a Homemaker. The law must value the work of a stay-at-home parent. This is a huge factor.
8. The Property Division. How much property did each person get in the Equitable Distribution? If the dependent spouse got the house and $500,000 in cash, their “need” for alimony is much lower.
9. Each Person’s Needs. The judge will look at both of your “reasonable” monthly budgets.

A lawyer’s job is to take this “grey” list of factors and build a strong, clear story for the judge. A lawyer in Greensboro knows what a Guilford County judge thinks is “reasonable.” A lawyer in Graham knows how an Alamance County judge views a 15-year marriage. This local experience is everything.

“Marital Misconduct” — Why Adultery is a Game-Changer in NC

This is the most unique and powerful part of North Carolina’s alimony law.

In many states, “cheating” doesn’t matter for money. In North Carolina, it is the most important factor.

The law calls it “illicit sexual behavior,” which is a legal term for adultery. It means a spouse had sex with someone who was not their spouse, before the date of separation.

The law is very strict and clear.

Rule 1: If the Dependent Spouse Cheats

If you are the spouse who is asking for alimony, and your spouse can prove you cheated… you are barred.

This means the judge cannot award you alimony. You get $0. Period.

This is a complete “bar” to your claim. It is one of the strongest anti-adultery laws in the entire country.

Rule 2: If the Supporting Spouse Cheats

Now, let’s flip it. If you are the dependent spouse, and you can prove that your “supporting” (money-making) spouse cheated… the judge must order them to pay you alimony.

The judge still has to decide the “amount” and “duration” based on all the other factors, but the question of “if” is solved. The answer is yes.

Rule 3: What if Both Spouses Cheated?

This is common. The law says if both spouses are “guilty,” the judge goes back to having “discretion.” The judge can look at all the facts and decide to award alimony or not.

What about other “bad” behavior? The law also looks at other “marital misconduct.” This can include:

• Domestic violence
• Abandonment
• Cruel treatment
• Excessive drug or alcohol use
• Wasting money (like spending thousands on a secret gambling habit or on a new girlfriend/boyfriend)

This is why you need a lawyer. Proving adultery in court is hard. You need evidence—texts, emails, photos, private investigator reports. Our team has decades of experience, including in Criminal Law, and we know how to legally gather the evidence needed to prove your case.

The “Hidden” Fact Everyone Misses: Alimony & Taxes

This is a “hidden stat” that very few people are talking about. It is one of the most important changes to family law in 50 years.

The Old Days (Before 2019): For decades, alimony was tax-deductible for the person who paid it. And it was taxable income for the person who got it. This was a huge tool for negotiation.

The NEW Rule (For any divorce after Jan 1, 2019): A federal law, the Tax Cuts and Jobs Act, changed everything.

• Alimony is NO LONGER tax-deductible for the payer.
• Alimony is NO LONGER taxable income for the receiver.

The money is “tax-neutral.” It’s just like handing cash from one person to the other.

Why does this matter? It changes the value of the money.

• For the Payer: Paying $2,000 a month costs you a lot more than it used to, because you can’t deduct it from your taxes.
• For the Receiver: Getting $2,000 a month is worth more than it used to be, because you get to keep all of it (it’s not taxed).

This is a massive change. Any lawyer you are searching for, whether in Kernersville or Asheboro, must understand this new tax law. It completely changes how we negotiate. Any lawyer who doesn’t know this is putting you at a huge financial disadvantage.

How Long Does Alimony Last? (And Can It Be Changed?)

This is the second-biggest question after “how much?”

Duration (How Long)

Just like the amount, there is no formula for the length of time.

A judge decides the “duration” based on the same 16 factors.

• For a short marriage (e.g., 5 years), a judge might award “rehabilitative” alimony. This is short-term support (e.g., 1-2 years) to help one spouse go back to school or get job training.
• For a very long marriage (e.g., 20+ years), especially with an older or sick spouse, a judge can award “permanent” alimony, which lasts for the rest of their life (or until it’s “terminated”).

Termination (When it STOPS)

The law is very clear about when alimony payments stop automatically. This is set by N.C. General Statute § 50-16.9.

Alimony stops on the date that:

1. Either person (the payer or receiver) dies.
2. The receiving spouse gets remarried.
3. The receiving spouse moves in with a new partner (this is called “cohabitation”).

This “cohabitation” rule is a big one. You do not have to get married. If your new partner moves in and you are “living as if married,” your ex-spouse’s lawyer can file to stop your alimony.

Modification (Can We Change the Amount?)

Yes, if your alimony was ordered by a judge.

You can file a “Motion to Modify” if there has been a “Substantial Change in Circumstances.”

• Example for the Payer: You lose your job (not just quit), or you have a major medical problem and can’t work.
• Example for the Receiver: The payer’s income doubles, or you become disabled and can no longer work.

WARNING: If your “alimony” is just part of a private Separation Agreement and was not made into a court order, you cannot modify it. You are locked into that contract. This is a very technical but critical part of the law that your lawyer must explain to you.

The “Best” Way to Settle Alimony: The Separation Agreement

The best divorce is one where you never see the inside of a courtroom.

A trial is public, it is stressful, and it is very expensive. And in the end, you let a stranger in a black robe make the biggest financial decision of your life.

The best outcome is a Separation Agreement.

This is a private, legal contract that our lawyers negotiate for you. It settles everything—property, custody, and spousal support.

In this agreement, you and your spouse can decide on your own terms.

• You can agree on a set amount ($X per month for Y years).
• You can agree on a one-time, lump-sum “buyout.”
• You can agree to “waive” alimony (give it up) in exchange for keeping the house.

This gives you the power. It is faster, cheaper, and 100% private. Our team of lawyers has successfully negotiated thousands of these agreements for our clients. This is almost always our #1 goal.

Why a Local Lawyer for Alimony is Not Just a ‘Good Idea’

When you are searching for the “best alimony lawyer near me,” you are on the right track. In a state with no alimony “calculator,” having a local lawyer is everything.

The “fairness” standard is 100% up to a judge.

• A judge in Greensboro (Guilford County) has a different idea of the “cost of living” than a judge in rural Asheboro (Randolph County).
• A lawyer who works in Winston-Salem (Forsyth County) knows the other lawyers in Kernersville and High Point. We know who will negotiate fairly and who will fight. This helps us build a real strategy.
• A lawyer in Graham or Burlington (Alamance County) has stood in front of the local judges. We know their history. We know what arguments they find important and what they will ignore.

This local experience is not something you can find in a book. It comes from decades of being in these communities.

We Are Here to Protect Your Future

We know this is hard. We know you are scared. But you do not have to do this alone.

The team at Huggins Law Firm, P.C., is here to be your guide. We handle Family Law, Criminal Law, and Personal Injury—we are here for all of your family’s legal needs.

Our job is to protect you, give you clear answers, and build a plan for your future.

Call us. Let’s talk about that plan.